Smoking Ban Ruling Court Ruling Hazy

By: AP
By: AP

The status of the statewide smoking ban is unclear after an Adams County judge declared the law unconstitutional.

County Judge Robert Doyle says the ban is unconstitutional because it allows smoking in cigar bars and didn't give other establishments a way to become cigar bars before the law took effect.

The case stems from a summons issued to an Adams County bar for allegedly violating the smoking ban.

Adams County District Attorney Don Quick plans to appeal the ruling.

Quick says the Colorado Supreme Court may have to weigh in because of this ruling and others.

Last year, a federal judge said the Legislature had the right to decide where smoking could be prohibited.

But a judge in Durango ruled that a bar owner was exempt from the law because he sold enough tobacco products to qualify for an exemption.

Democratic Senator Betty Boyd of Lakewood introduced a bill yesterday to eliminate the cigar bar exemption.

That would leave Denver International Airport's smoking lounges as the only public place in Colorado where smoking is allowed.


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